Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not
Article 1
The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the People’s Republic of China, is hereby extended to imports of certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, consigned from Malaysia whether declared as originating in Malaysia or not, currently falling within CN codes ex 7318 12 90 , ex 7318 14 91 , ex 7318 14 99 , ex 7318 15 59 , ex 7318 15 69 , ex 7318 15 81 , ex 7318 15 89 , ex 7318 15 90 , ex 7318 21 00 and ex 7318 22 00 (TARIC codes 7318129011 , 7318129091 , 7318149111 , 7318149191 , 7318149911 , 7318149991 , 7318155911 , 7318155961 , 7318155981 , 7318156911 , 7318156961 , 7318156981 , 7318158111 , 7318158161 , 7318158181 , 7318158911 , 7318158961 , 7318158981 , 7318159021 , 7318159071 , 7318159091 , 7318210031 , 7318210095 , 7318220031 and 7318220095 ), with the exception of those produced by the companies listed below:
| Company | TARIC additional code |
|---|---|
| Acku Metal Industries (M) Sdn. Bhd | B123 |
| Chin Well Fasteners Company Sdn. Bhd | B124 |
| Jinfast Industries Sdn. Bhd | B125 |
| Power Steel and Electroplating Sdn. Bhd | B126 |
| Sofasco Industries (M) Sdn. Bhd | B127 |
| Tigges Fastener Technology (M) Sdn. Bhd | B128 |
| TI Metal Forgings Sdn. Bhd | B129 |
| United Bolt and Nut Sdn. Bhd | B130 |
| Andfast Malaysia Sdn. Bhd | B265 |
The application of exemptions granted to the companies specifically mentioned in paragraph 1 of this Article or authorised by the Commission in accordance with Article 2(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 of this Article shall apply.
The duty extended by paragraph 1 of this Article shall be collected on imports consigned from Malaysia, whether declared as originating in Malaysia or not, registered in accordance with Article 2 of Regulation (EU) No 966/2010 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009, with the exception of those produced by the companies listed in paragraph 1.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:
European Commission
Directorate-General for Trade
Directorate H
Office: N-105 04/92
1049 Brussels
Belgium
Fax +32 22956505
In accordance with Article 13(4) of Regulation (EC) No 1225/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 91/2009, from the duty extended by Article 1.
Article 3
Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EU) No 966/2010.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(2):
- (1) the name and function of the official of the entity issuing the commercial invoice;
- (2) the following declaration: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.’;
- (3) date and signature.
OJ L 343, 22.12.2009, p. 51.
OJ L 29, 31.1.2009, p. 1.
OJ L 282, 28.10.2010, p. 29.
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